TERMS AND CONDITIONS
OF USE OF WEBSITE AND PURCHASE & SALE OF DATA
All use of the BUYBUSINESSDATA.COM website and all products purchased through the BUYBUSINESSDATA.COM website are subject to these Terms and Conditions of Purchase and Use, which also serve as the Agreement of Purchase and Sale. The information contained herein governs both your use of the BUYBUSINESSDATA.COM website and the purchase and sale of the data and products advertised on this website. Your use of the BUYBUSINESSDATA.COM site constitutes your acknowledgement that you understand the terms and conditions set out on this page and that you agree to comply with these terms and conditions. If you are unable to accept and agree to these terms, please do not use this site or purchase any products from this site.
General:
EnSig LLC has purchased data from a primary data compiler (not a re-seller) to bring it to you on the BUYBUSINESSDATA.COM website at the lowest possible price. EnSig LLC grants you a non-exclusive, non-transferable license to use the databases you purchase subject to these Terms and Conditions of Use of Website and Purchase and Sale of Data. You agree to use information only for your own private use or the internal purposes of your home or business, subject to the limitations of use stipulated herein. You may not re-sell the data or any derivative of the data.
About the Data:
All data has been purchased from a direct data compiler, not a re-seller, to bring it to you at the lowest price. The data has been compiled from public records and sources of public display, such as web sites. The nature of data is that it is constantly changing- accordingly no guarantee as to the accuracy of any or all records can be made, and all record counts stipulated are approximate. This is wholesale raw data- it is brought to you at the lowest possible price because the data is not verified, and is raw (for example, it has not been cleaned-there may be duplicates or errors, and counts of records listed on this website are approximate.) It is possible to purchase verified data records from list brokers; however this adds significant overhead costs which are then passed on the buyers of the data. Generally, the rental of a list of a verified list of 300,000 names and addresses from a list broker might cost an average charge of $33 per 1000 names, for a total bill of $9,900 for a list of just 300,000 contacts. This compares to $497 for $23 Million US and International Business Listings or 17 Million Niche Business Data Listings. The lists of 23 Million US and International Business Contacts and 17Million Niche Business Contacts sold on this website do not come with a guarantee of 100% accuracy. However, we believe that the huge price differential is highly cost-effective to the marketing efforts of small businesses and entrepreneurs. The databases include the very same data sold by list brokers at significantly higher prices. And, unlike rental of lists, where your ability to use the data expires after a certain time, you may use these powerful business contact data lists over and over- as long as you like.
The database of 27 Million US and International Business Contacts contains websites where these were readily available when the data was collected. Neither list contains e-mail addresses- you will need to contact the businesses in accordance with the CAN-Spam Act to request opt-in for any e-mail marketing you wish to conduct. Some of the database records may contain additional information such as number of employees for the business. Note: the video of sample data may indicate e-mails are contained, however e-mails are no longer provided to ensure compliance with the CAN-Spam Act.
The databases are provided on CD or DVD in Microsoft Excel Format or RAR via ZIP /GZ (large data size) file or via download for ease of use and ease of manipulation. They are sent to you within 24 hours of purchase (excluding weekends and holidays) by regular postal mail, with return-receipt, or a password is provided for immediate download. Individual niche or country databases may be provided by download upon request.
Indemnification:
By virtue of using the BUYBUSINESSDATA.com website and/or purchasing any databases advertised on the BUYBUSINESSDATA.COM website, you agree to defend, indemnify and hold harmless ENSIG LLC AND BUYBUSINESSDATA.COM, and their owners, directors, partners, associates, employees, affiliates and successors, from and against any and all claims, damages, losses, expenses and costs whatsoever, directly or indirectly resulting from your failure to comply with the Terms and Conditions of Use of Website and Purchase and Sale of Data set forth here.
Copyright:
Christopher Griffin/Compass Triple 7 Marketing is the owner of the copyright of the Databases, and reserves all rights-no intellectual property rights are conferred by this Agreement or any purchase and sale.
Limitations on Use:
You may not re-sell the databases or any derivative of the databases.
You may not post the information from the databases on any website.
You may not use the data to SPAM. See our NO SPAM POLICY, which is incorporated herein by this reference.
You may not use the data for pornographic purposes.
You may not use the data to harass or infringe upon the rights of others.
You MUST check the data against the relevant "no call" lists before using the data to telemarket.
You must at all times use the data in compliance with all applicable laws, including but not limited to the CAN SPAM ACT of 2003 and all implementing regulations.
You are purchasing the data only for your personal ethical business use, and may not give it away to others in whole or in part.
Compliance with Laws:
YOUR ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL LAWS. Although this website may provide general information related to laws or other matters on this website, such laws, regulations, and other information changes quickly and may not be fully current on this website. All information and products on this website are provided for informational purposes only, and do not presume to provide or contain any legal advice, legal opinions or any other form of advice regarding any specific facts or circumstances or the data, products, and services. Always seek professional counsel and professional legal advice to ensure your compliance with all laws.
No Warranty of Fitness for a Particular Purpose
All databases are sold AS IS. Data, by its nature, is constantly changing, and has varying degrees of availability. EnSig LLC and BUYBUSINESSDATA.COM make no warranties, representations, guarantees or claims of any kind with respect to any of the information on the web site, or the data or databases sold on or through this website, including, but not limited to: the accuracy, completeness and suitability for any intended purpose. Under no circumstance shall EnSig LLC, BUYBUSINESSDATA.COM, or their owners, directors, partners, associates, employees, affiliates, consultants, agents or successors involved in the creation or delivery of the information or products advertised on this website be liable to you or anyone else as a result of damages related to your use of this web site or products purchased through this website.
Privacy Policy
We do not sell your contact information or disclose personally identifiable information about you to third parties, without your permission, unless we believe such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend property and intellectual property rights; (3) enforce this Agreement; or (5) as otherwise provided in the Agreement.
We may disclose non-personally identifiable demographic data to third parties, and install a cookie on your computer to support our general analysis of visitor use of the site, such as Google Analytics, to improve the products we offer.
EnSig LLC and our affiliates may contact you to communicate regarding your purchase, and/or with offers related to your purchase or inquiry and you may opt-out of future correspondences if you wish.
However, we will not sell, trade, rent, lend or give your contact information or email address to anyone else for any purpose, nor will we use the addresses you supply us for any purpose other than providing products to you.
Disclaimer of Warranties:
ALL PRODUCTS ARE PROVIDED ON AN AS IS BASIS. YOU EXPRESSLY AGREE THAT PURCHASE AND USE OF PRODUCTS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENSIG CORPORATION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR INTENDED USE OR NON-INFRINGEMENT. ENSIG LLC AND BUYBUSINESSDATA.COM AND OUR OFFICERS, DIRECTORS. EMPLOYEES AND AFFILIATES MAKE NO WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN THE DATABASES. YOU UNDERSTAND AND AGREE THAT ANY USE OF THE DATA PURCHASED IS AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ENSIG LLC OR BUYBUSINESSDATA.COM OR THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING FROM, RELATED TO OR RESULTING FROM THE USE OR THE INABILITY TO USE THE PRODUCTS PURCHASED, INADEQUACY OF THE DATA OR PRODUCTS FOR THE INTENDED USE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER TANGIBLES OR INTANGIBLES. IN THE EVENT A JURISDICTION LIMITS THE ALLOWABILITY OF THIS DISCLAIMER OF WARRANTY, IN NO EVENT WILL ENSIG LLC OR BUYBUSINESSDATA.COM or their parents, subsidiaries, affiliates, officers, directors, owners, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents BE LIABLE TO YOU FOR MORE THAN THE ACTUAL DOLLAR AMOUNT PAID FOR A PRODUCT.
Indemnification:
You agree to indemnify, defend and hold harmless EnSig LLC and BUYBUSINESSDATA.COM, their parents, subsidiaries, affiliates, officers, directors, owners, employees, agents, suppliers, AND SUCCESSORS, and their respective affiliates, officers, directors, employees, and agents, SUPPLIERS AND SUCCESSORS, from and against any and all claims, actions, demands, damages, and costs whatsoever, including reasonable attorneys fees, made or assessed by any third party arising out of or related to your use of the data or database products AND/or your violation of this Agreement, including but not limited to the infringement of any intellectual property or other right of any person or entity. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
Payment:
By ordering and submitting your payment information you:
1. Agree to pay EnSig LLC in full.
2. Enter into a binding Agreement to purchase that is governed by these Terms and Conditions of Use of Website and Purchase and sale of Data.
3. These Terms and Conditions of Use of Website and Purchase and sale of Data constitute the full and complete and only Agreement of Purchase and Sale and no other verbal representations or modifications are applicable unless documented in an Amendment signed by both the Customer and EnSig LLC.
4. The Services of the BUYBUSINESSDATA.COM website and data products are offered to you conditioned on your acceptance without modification of this Agreement. Your use and/or purchase constitutes your acceptance to this Agreement.
5. You agree that you have the full authority and right to enter into this Agreement and that you are at least 18 years of age.
You acknowledge and agree that all financial information that you provide is true and lawfully your own information. You acknowledge that there will be no refunds for any reason. In the event that EnSig LLC receives a charge back after purchase, an additional one hundred US dollars ($100) and court, collection and attorneys costs will be added to the amount of money owed by you. You acknowledge and agree that this Agreement will replace any agreement with your credit card company and bank with respect to your purchase from BUYBUSINESSDATA.COM. EnSig LLC will prosecute to the full extent of the law any individual that provides us with criminally fraudulent financial information.
Delivery:
DVDs containing data will be mailed within 24-48 hours after confirmation of order and payment or a password will be provided to enable immediate download.
Refund and Return Policy:
It would not be possible to allow refunds or returns since the type of product is data. Therefore, all sales are final and are non-refundable.
Term of the Agreement:
The term of this Agreement will commence upon your first use of the website and/or purchase of a product advertised on the website BUYBUSINESSDATA.com and will continue for a period of one year, with continuing successive one year terms, until terminated pursuant to this Agreement. ENSIG LLC may terminate this Agreement at any time, with or without cause and with or without notice. In the event that you would like to terminate this Agreement, you must send written notice of termination with return receipt requested to the address identified on the CONTACT US page of the website. ENSIG LLC may update the terms and conditions of this Agreement at any time by posting updates on the BUYBUSINESSDATA.com website, with or without notice. You agree to be responsible for checking the website for updates.
Severability:
If any provision contained in this Agreement is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision and is enforceable, and the remaining provisions of this Agreement will remain in full force and effect. No waiver of any provision of this Agreement shall be effective except pursuant to a written instrument signed by an officer of EnSig LLC, and any such waiver shall be effective only in the specific instance and for the specific purpose stated.
Relationships:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement, your use of the website or purchase of any product or data.
Assignment:
You may not assign this Agreement or any right, interest or benefit under this Agreement without prior written consent of EnSig LLC.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. You agree that you will bring any claim or cause of action arising out of your use of the Services or this Agreement in the courts located within the state of Delaware and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of you use of the website and/or purchase must be filed within two weeks after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.
Entire Agreement:
This Agreement sets forth the entire agreement between you and EnSig LLC and BUYBUSINESSDATA.COM and replaces and supersedes any and all prior communications, whether electronic, oral or written, with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for ease of reference and are not to be construed to limit obligations.
